Full Judgment
LA.App..No. 88 of 2018 AGAINST THE JUDGMENT AND DECREE DATED 17-02-2017 IN LAR 459/2010 of II ADDITIONAL SUB COURT,THIRUVANANTHAPURAM REPRESENTED BY THE DISTRICT COLLECTOR,THIRUVANANTHAPURAM. PUBLIC WORKS DEPARTMENT DIVISION,THIRUVANANTHAPURAM. BY ADV. SPL.GOVERNMENT PLEADER, SMT.LATHA THANKAPPAN RESPONDENT/CLAIMANT IN LAR: PREMALETHA DEVI, W/O.RAJASEKHARAN NAIR,ANATHANATTU VEEDU,T.C.50/918,KALADY-695002. BY ADV. SMT.M.HEMALATHA 11.04.2019, ALONG WITH LA.App..99/2018,LA.App..110/2018,
LA.App..117/2018, LA.App..125/2018, LA.App..138/2018, LA.App..184/2018,LA.App..274/2018, THE COURT ON THE SAME DAY
LA.App..No. 88 of 2018 & CON. CASES 2 LA.App..No. 99 of 2018 AGAINST THE JUDGMENT AND DECREE DATED 15-02-2017 IN LAR APPELLANTS/RESPONDENTS IN LAR : REPRESENTED BY THE DISTRICT COLLECTOR,THIRUVANANTHAPURAM. PUBLIC WORKS DEPARTMENT DIVISION,THIRUVANANTHAPURAM. RESPONDENT/CLAIMANT IN LAR: GOPAKUMAR P. S/O.PURUSHOTHAMAN NAIR,REVATHY,LIC LINE,PATTOM,THIRUVANANTHAPURAM-695004. 11.04.2019, ALONG WITH CON. CASES, THE COURT ON THE SAME DAY LA.App..No. 88 of 2018 & CON. CASES 3 LA.App..No. 110 of 2018 AGAINST THE JUDGMENT AND DECREE DATED 28.1.2017 IN LAR 415/2010 of II ADDITIONAL SUB COURT,THIRUVANANTHAPURAM REPRESENTED BY THE DISTRICT COLLECTOR, PUBLIC WORKS DEPARTMENT DIVISION, RESPONDENTS/CLAIMANTS IN LAR: 1 K.KRISHNAN KUTTY NAIR GEETHA BHAVAN, T.C 50/516, MARUTHOORKADAVU. 2 K.R GEETHAKUMARI GEETHA BHAVAN, T.C 50/516, MARUTHOORKADAVU. BY ADV. SRI.A.CHANDRA BABU 11.04.2019, ALONG WITH CON. CASES, THE COURT ON THE SAME DAY LA.App..No. 88 of 2018 & CON. CASES 4 LA.App..No. 117 of 2018 AGAINST THE JUDGMENT AND DECREE DATED 15-03-2017 IN LAR 529/2010 of II ADDITIONAL SUB COURT,THIRUVANANTHAPURAM 1 STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM 2 THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, THIRUVANANTHAPURAM RESPONDENT/CLAIMANT IN LAR: K.PRASANNAKUMARY, D/O KAMALAMMA PILLAI, TC 11.04.2019, ALONG WITH CON.CASES, THE COURT ON THE SAME DAY LA.App..No. 88 of 2018 & CON. CASES 5 LA.App..No. 125 of 2018 AGAINST THE JUDGMENT AND DECREE DATED 17.2. 2017 IN LAR 399/2010 of II ADDITIONAL SUB COURT,THIRUVANANTHAPURAM APPELLANTS/RESPONDENTS IN LAR : REPRESENTED BY THE DISTRICT COLLECTOR, PUBLIC WORKS DEPARTMENT DIVISION, BY SPL.GOVERNMENT PLEADER, SMT.LATHA THANKAPPAN RESPONDENT/CLAIMANT IN LAR: B. SURENDRAN NAIR KULATHARA, T.C.50/671(1), KALADY, KARAMANA P.O., PIN-695002. 11.04.2019, ALONG WITH CON.CASES, THE COURT ON THE SAME DAY LA.App..No. 88 of 2018 & CON. CASES 6 LA.App..No. 138 of 2018 AGAINST THE JUDGMENT AND DECREE DATED 01.04.2017 IN LAR REPRESENTED BY THE DISTRICT COLLECTOR,THIRUVANANTHAPURAM. PUBLIC WORKS DEPARTMENT ROADS DIVISION,THIRUVANANTHAPRUAM. RESPONDENTS/CLAIMANTS IN LAR:
1 K.R.PRADEEP S/O RAMANUNNI, NANDANAM, T.C 50/557(1), MAVEL B 63, KALADI, KARAMANA, MANACAUD, TJHIRUVANANTHAPURAM.695002. 2 HITARAJ W/O PRADEEP, T.C 50/557(1) MAVEL B.63,KALADI, KARAMANA, MANACAUD, THIRUVANANTHAPURAM-695002.
3 THE MANAGER STATE BANK OF INDIA, THUMBA BRANCH. 695001 11.04.2019, ALONG WITH CON. CASES, THE COURT ON THE SAME DAY LA.App..No. 88 of 2018 & CON. CASES 7 LA.App..No. 184 of 2018 AGAINST THE JUDGMENT AND DECREE DATED 30.03.2017 IN LAR REPRESENTED BY THE DISTRICT COLLECTOR,THIRUVANANTHAPURAM. PUBLIC WORKS DEPARTMENT DIVISION,THIRUVANANTHAPURAM. RESPONDENTS/CLAIMANTS 1 & 3 TO 5 IN LAR: 1 M.USHA T.C 50/515(7),MARUTHOORKADAVU, KALADY, KARAMANA.695002
2 *P. MALATHI AMMA AGED 74 YEARS,W/O. LATE K. VASUDEVAN PILLAI,LALITHA SREE,T.C 50/515(7),MARUTHOORKADAVU,KALADY, KARAMANA P.O, THIRUVANANTHAPURAM (DIED) *RESPONDENTS 1,3 AND 4 ARE RECORDED AS THE LEGAL
HEIRS OF THE DECEASED 2ND RESPONDENT VIDE ORDER
DATED 05/4/2019 3 LEENA M D/O. K.V VASUDEVAN PILLA,THEKKEVILA VEEDU, KALADY, KARAMANA P.O, THIRUVANANTHAPURAM.695002 4 REMA M D/O. K. VASUDEVAN PILLA, MEERA PARVATHI,KULATHARA, KALADY, KARAMANA P.O, THIRUVANANTHAPURAM.695002
BY ADV. SRI.S.P.SURESH KUMAR 11.04.2019, ALONG WITH CON.CASES, THE COURT ON THE SAME DAY LA.App..No. 88 of 2018 & CON. CASES 8 LA.App..No. 274 of 2018 AGAINST THE JUDGMENT AND DECREE DATED 31.1.2017 IN LAR 400/2010 of II ADDITIONAL DISTRICT COURT,THIRUVANANTHAPURAM REPRESENTED BY THE DISTRICT COLLECTOR, PUBLIC WORKS DEPARTMENT DIVISION, RESPONDENT/CLAIMANT IN LAR: S.PRADEEP ANJANAM, KALADY JUNCTION, KARAMANA P.O., THIRUVANANTHAPURAM - 695002 BY ADV. SRI.SABU S.KALLARAMOOLA 11.04.2019, ALONG WITH CON. CASES, THE COURT ON THE SAME DAY LA.App..No. 88 of 2018 & CON. CASES 9
JUDGMENT
These appeals arise from a batch of land acquisition references under Section 18 of the Land Acquisition Act, 1894 ('the Act') in respect of lands in Manacadu Village in Thiruvananthapuram district acquired for widening the Kalady - Maruthoorkadavu and Karamana - Thaliyal roads pursuant to the notification issued on 30.09.2006 under Section 4(1) of the Act. The Land Acquisition Officer fixed the land value for the lands involved in LAA Nos.110, 125, 138 and 184 of 2018, at Rs.1,35,733/- per Are and for the lands involved in LAA Nos.88, 99, 117 and 274 of 2018 at Rs.1,62,880/- per Are. The reference court enhanced and re-fixed the land value at Rs.10,00,000/- per Are. The State challenged the awards passed by the reference court, in LAA No.690/2013 and connected cases, and in terms of the
judgment dated 10.03.2016, this Court set aside the awards and
remitted the matters for fresh disposal to the reference court holding that the materials on record do not justify the enhancement granted by the reference court. After the remand, the reference court re-fixed the land value at Rs.12,53,133/- per Are in one of the references, viz, LAR No.517 of 2010, and the remaining references were disposed of in tune with the refixation made in the said reference. The State is aggrieved by the awards passed by the reference court and hence LA.App..No. 88 of 2018 & CON. CASES 10 these appeals.
2. Heard the learned Government Pleader.
3. A batch of similar appeals filed by the State
challenging the re-fixation made in LAR No.517 of 2010 and the re- fixation made in other references in tune with the award passed in LAR No.517 of 2010, have been considered by this Court in LAA Nos.101 of 2018 and connected appeals, and having found that the reference court was not justified in fixing the land value at Rs.12,53,133/- per Are, the matters were remitted for fresh disposal, in terms of the
judgment rendered on 22.3.2019. In the light of the judgment in
LAA Nos.101 of 2018 and connected matters, these matters also have to go back. In the result, the land acquisition appeals are allowed, the impugned awards are set aside and the reference cases are remitted for fresh disposal, so as to enable the claimants to adduce better evidence to justify the enhancement sought in the proceedings. It is made clear that the State is also free to adduce evidence in the matters. Since the matters are pending for several years, the reference court is directed to dispose of the references within a period of six months. Sd/- P.B.SURESH KUMAR SKS JUDGE